TERMS OF USE

By clicking on the “I ACCEPT” button (if available) or visiting and/or using the Mar Creation website (the “Site”), you (“User”) agree that you have read, understood and accepted the Terms of Use for all use of the Mar Creation Services (the “Services”), the Privacy Policy and Shipping and Return Policy (where applicable), which are incorporated herein by reference. If you do no agree to these Terms of Use, do not use any of the Services.

1. Eligibility

By clicking on the “I ACCEPT” button you are representing that you are: (1) at least 18 years old; (2) capable of entering into a legally binding agreement; (3) a resident of the United States; (4) will use the Services only for personal use and not for commercial use and (5) will not transfer membership account or username to others.

2. These Terms of Use May Change

Mar Creation, Inc. (“Mar Creation”) reserves the right to update or amend these Terms of Use at any time. The amended Terms of Use shall automatically be effective five (5) days after they are posted on the Site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms of Use as modified by the posted changes. For this reason, we encourage you to review these Terms of Use whenever you use the Services. The last date these Terms of Use were revised is set forth below.

3. On-line Shop Registration Information

To use Mar Creation’s on-line shop services (“On-line Shop Services”), you will be required to complete an account registration process that is presented upon your acceptance of the Terms of Use. During the registration process, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) notify us immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of our On-line Shop Services.

4. Passwords

Upon registration for the On-line Shop Services, you will be assigned a password of which you will have the option to reset from time to time. You understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your password. Mar Creation shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password and you agree to indemnify Mar Creation for any violation of this paragraph. If a password is lost or stolen it is the user’s responsibility to notify Mar Creation, so that the missing password can be deactivated and a new one assigned.

5. Site Content

All of the content you see, hear or otherwise experience through the Site, including, but not limited to text, lyrics, graphics, photos, audio clips, video clips, music, reviews, postings, comments and the like (“Content”) are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Mar Creation or third parties and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of their respective owners. Mar Creation reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copyright of any Content or enforce limitations on use of the Site or the Content therein.

6. User Communications

We welcome your comments and suggestions regarding our Site, However, by submitting or communicating any questions, comments, feedback, ideas, suggestions or other forms of communication, (collectively, “User Communications”), you hereby grant to Mar Creation, Inc. a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute any content in such communication of a proprietary nature in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so -called “moral rights” have been waived. For this reason, we ask that you not send us any User Communication that you do not wish to grant the foregoing license to us. You agree that you are and shall remain solely responsible for the User Communication you make, and you will not submit any communication or material that is unlawful, defamatory, abusive or obscene. You agree not to submit any User Communication that may be submitted in violation of any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) law or any agreement or obligation to keep the content of such User Communication confidential. We expressly disclaim any interest in any User Communication that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

7. No Interference and Unauthorized Access

You agree that you will not: (a) attempt to circumvent user authentication or the security of any MAR CREATION account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy MAR CREATION’s web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on MAR CREATION’s infrastructure, including without limitation “denial of Services attacks.”

If you in any way violate any system or interfere with network security you may incur criminal or civil liability. MAR CREATION will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

8. Reviews and Opinions

The Site contains facts, reviews, opinions and statements of third parties and other organizations. Mar Creation does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that Mar Creation shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site.

9. No Endorsements of Third Party Links

References on the Site to any hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or Services by Mar Creation. Mar Creation does not endorse nor make any warranties or representations about any web site you may access through the Site, including the availability or accuracy of such web sites or resources. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. You need to make your own decisions regarding your interactions or communications with any other web site.

10. Privacy Policy

Click here to read Mar Creation’s Privacy Policy.

11. Shipping and Return Policy

Click here to read Mar Creation’s Shipping and Return Policy.

12. Changing or Suspension of Services

We may, at our sole discretion, change, suspend or discontinue the access to our Site or any portion thereof of any user for any reason.

13. Termination

If you fail, or Mar Creation suspects that you have failed to comply with any of the provisions of this Terms of Use, including but not limited to failure to make payment of fees due, failure to provide Mar Creation with a valid credit card or with accurate and complete registration information, failure to safeguard your account information, violation or infringement of third parties’ rights, Mar Creation, at its sole discretion, without notice to you may: (i) terminate this Term of Use and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

14. Inaccuracy Disclaimer

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your On-line Shop Services, please send an e-mail to contact@marcreation.com.

15. Disclaimer of Warranties

YOU AGREE THAT USE OF THE MAR CREATION SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE MAR CREATION SITE AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CREATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MAR CREATION SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CREATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MAR CREATION SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE MAR CREATION SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CREATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MAR CREATION SITE OR SERVICES.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MAR CREATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MAR CREATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MAR CREATION SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MAR CREATION SITE OR SERVICES, FROM INABILITY TO USE THE MAR CREATION SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MAR CREATION SITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MAR CREATION SITE OR SERVICES OR ANY LINKS ON THE MAR CREATION SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MAR CREATION SITE OR SERVICES OR ANY LINKS ON THE MAR CREATION SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

The Site is controlled and offered by Mar Creation from its facilities in New Jersey, the United States of America. MAR CREATION makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

17. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MAR CREATION without restriction.

18. Indemnity

You will defend, indemnify and hold harmless Mar Creation, its officers, directors, employees and agents from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings (each a “Claim”) made or brought by any third party against any of the indemnitees, including without limitation reasonable legal fees and expenses, arising from or due to or in connection with your use of or conduct on the Site.

19. Governing Law

These Terms of Use shall be interpreted in accordance with applicable federal laws and the laws of the State of New Jersey without regard to conflict of laws principles. You and Mar Creation agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. Either Mar Creation or you may demand that any dispute between Mar Creation and you arising out of these Terms of Use must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) located in New Jersey.

20. Miscellaneous

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Mar Creation’s failure to act with respect to a breach by any User does not waive Mar Creation’s right to act with respect to subsequent or similar breaches. The failure of Mar Creation to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use which includes our Privacy Policy and our Shipping and Return Policy (where applicable), constitutes the entire agreement between Mar Creation and User with respect to the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mar Creation Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Click here to read our Privacy Policy.

Click here to read our Shipping and Return Policy.

Effective Date: November 27, 2006

Be Sociable, Share!